Violent Crimes

August 31, 2013

Students Allege Sexual Assault via Hazing by Soccer Team

by Law Offices of David L. Freidberg, P.C.

By now most of you have heard of these Chicago sexual assault charge allegations regarding Maine West High School in Des Plaines, Illinois.

According to reports, during a September 2010 campus run for the soccer team, four soccer players have said that they were sexually assaulted during a hazing ritual. As of August 26, 2013, a fifth member of that soccer team has now filed a lawsuit in the Cook County Circuit Court. More lawsuits are expected.

According to ABC 7 News, the attorney for the latest victim, Tony Romanucci has stated: “It’s unfortunate now that Maine West has become the national poster child for hazing, sexual abuse and scandal regarding sports in the United States.”

Romanucci says Maine Township administrators have known about hazing at Maine West for several years but did nothing to stop it. The lawsuit names the district, principal, and fired soccer coaches Michael Divincenzo and Emilio Rodriguez. Divincenzo faces criminal charges of battery, hazing and failure to report abuse.

“Had enforcement been completed and done in 2008, we wouldn’t be here today,” Romanucci said.

These allegations a reminiscent of the 2011 scandal and charges filed against longtime assistant coach Jerry Sandusky. Sandusky was charged with criminal sexual assault of at least eight underage boys on or near university property, and alleged actions by some university officials to shove under the rug these incidents.

In each of these cases, the higher-ups within the school system knew or should have known of these alleged attacks but did nothing to thwart them. The fact that hazing has occurred for a number of years and become part of the educational system does not make it right or status quo. High schools and universities exist to nurture and educate the young members of our society. Additionally, they are there to protect them, not to punish and humiliate them. Continue reading

August 24, 2013

When the Need to Confess Overcomes Concerns about Getting Caught

by Law Offices of David L. Freidberg, P.C.

Quite often, unfortunately, defendants facing Chicago drug charges or Chicago violent crimes charges feel the need to boast of the exploits.

As most of us are aware, people confess to many things on Facebook. Secret loves, bad habits, hidden longings; it appears that nowadays, nothing is too private or personal to appear on social media. While some may consider such confessions to be tacky—or at the very least, in poor taste—a Florida man recently went a step further by posting a photograph of the young wife he had just murdered, along with a confession—of sorts. While most Americans are long-past the point of being shocked by the daily news, this latest bid for attention has startled even the most cynical.

Derek Medina, a South Miami resident, could possibly have benefitted from taking his own website a bit more seriously. That website, called EmotionalWriter.com, markets Medina’s self-help books on effective communication and marriage counseling tips. A little over a week ago, Medina was apparently engaged in a verbal dispute with his 26-year old wife, Jennifer Alfonso. According to Medina, he pointed a gun at his wife, at which point she walked away, returning minutes later to inform her husband she was leaving. Medina then confronted his wife who reacted by “punching” him. Medina once again pointed his firearm at his wife, who responded by grabbing a kitchen knife. As Medina attempted to take the knife from Alfonso, she once again began hitting him, at which point he fired multiple shots from close range directly into her body.

Medina then took photos of his wife’s dead body and wrote a note which stated “I’m going to prison or death sentence for killing my wife love you guys miss you guys take care Facebook people you will see me in the news my wife was punching me and I am not going to stand anymore with the abuse so I did what I did I hope u understand me.” The photo and the note were then posted on Medina’s Facebook account. The image was online for approximately five hours before Facebook employees removed the photo and disabled both Medina’s FB page as well as his wife’s. Even more bizarre, the couple’s ten-year old daughter was in the house at the time, although she was reported to be “unharmed.”

If you wonder why on earth anyone would post photos of their murdered wife it is likely you are not alone. Psychologists attribute this need to (over) share with the poster’s need to feel important or powerful. Unfortunately, Medina is not alone in his quest for attention. A 2011 rape of a 15-year-old girl was discovered after the four teens allegedly responsible shared a photo of her online and through text messages. Again in 2011, a Pennsylvania teen pled guilty to raping an inebriated 15-year-old girl then posted a message on Facebook asking for a hit man to kill the girl. As a result of these types of stories, Facebook has been used to catch those Floridians suspected of illicit behavior with increasing regularity, becoming a tool for identifying criminal behavior and catching those responsible for crimes ranging from theft to poaching.

Of course, criminals have been publicly confessing long before Facebook came into being. Jailhouse confessions and barroom braggarts are rife in the world of criminal defense. Social media has simply given those people a different kind of platform, allowing them to share their misdeeds and brag about being bad. While millions of people use social media in a totally healthy manner every day, for others the ability to communicate with others without seeing or hearing them makes it harder to remember that actions come with consequences. In fact, following his Facebook posting, Derek Medina drove to see his family, telling them what he had done, then turned himself in to the police. Medina is currently being held without bond under preliminary charges of first degree murder. Continue reading

August 1, 2013

Blast from the Past: Lessons Learned from the Chandra Levy Case

by Law Offices of David L. Freidberg, P.C.

Facing a Chicago murder charge can carry significant consequences.

It has been over a decade since the disappearance of 24-year-old Washington, D.C. intern Chandra Levy, but the case is back in the national spotlight as questions continue to swirl concerning the guilt of Ingmar Guandique, the Salvadorian illegal immigrant convicted of killing Levy in 2010.

The Chandra Levy case, which captured national attention due to its mystery, intrigue, and political ties, is back in court due to the fact that defense attorneys for Ingmar Guandique have called into question the testimony of a star prosecution witness, Armando Morales. Numerous hearings have been held on the matter but, until now, the proceedings were kept secret due to concerns for Morales safety. On July 29, 2013, however, D.C. Superior Court Judge Gerald Fisher ordered the release of the transcripts of these previously confidential hearings. While it is unclear how much new information these documents will contain, they should be available by the end of the week.

Ingmar Guandique was charged with the death of Chandra Levy in 2009, seven years after Levy’s remains were found in a Washington, D.C. area park. Guandique, then 20 years old, was already in jail for attacking two women in the very same park where Chandra Levy’s body was found. From the start, he adamantly denied murdering Chandra Levy. During his trial, the prosecution presented the crucial testimony of Armando Morales, Guandrique’s one time cell mate, also a convicted felon and gang member, who told the jury that Guandique confessed to him to killing Chandra Levy.

Guandrique’s defense attorneys state that the unsealed documents will reveal Morales made contradictory statements at trial. For instance, Morales testified at trial that he had never come forward to law enforcement before as he did not trust them. However, the defense recently learned Morales had discussed three murders with law enforcement officers and informed them of drugs and weapons dealings occurring in the prison in which he was housed.

Guandrique’s defense team plans to request a new trial based on this previously undiscovered information affecting Morales’ credibility. The motion will likely be filed in October or November of this year.

Here are a few points to take away from the Ingmar Guandrique Case:

A conviction does not have to be final–with a strong, dedicated defense team a guilty verdict is not irreversible, even in a high-profile Chicago murder case. An experienced defense attorney will continue to fight for your case and diligently search for new evidence that might warrant a new trial.
Witness credibility is crucial—in so many cases like Guandrique’s, witness testimony is one of, if not the deciding factor of, an individual’s guilt. Given the potential for witnesses to lie or be less than fully honest – particularly jail house informants like Morales – it is absolutely critical for your defense attorney to test the credibility of the prosecution’s witnesses. This is accomplished through thorough discovery, extensive preparation, and effective cross-examination.
Wrongful convictions do happen—although Guandrique’s defense team still faces an uphill battle in proving he deserves a new trial, his case does serve to highlight the fact that wrongful convictions can occur; and do in fact occur more often than we would like to believe. Wrongful convictions are frequently a result of poor lawyering, such as an attorney’s failure to fully investigate and prepare his client’s defense. This makes it imperative to obtain the representation of a skilled, experienced, and dedicated defense attorney.